33 U.S.C. § 1221 — Untitled legal text

Page 347 TITLE 33—NAVIGATION AND NAVIGABLE WATERS §§ 1221 to 1223 chapter, nor shall it obligate the master of any vessel to moor or anchor his vessel; however, the loss of radiotelephone capability shall be given consideration in the navigation of the vessel. (Pub. L. 92–63, § 6, Aug. 4, 1971, 85 Stat. 165.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective May 1, 1971, or six months after the promulgation of regulations which would implement its provisions, whichever is later, see section 10 of Pub. L. 92–63, set out as a note under section 1201 of this title. § 1206. Exemptions; terms and conditions The Secretary may, if he considers that ma- rine navigational safety will not be adversely af- fected or where a local communication system fully complies with the intent of this concept but does not conform in detail, issue exemptions from any provisions of this chapter, on such terms and conditions as he considers appro- priate. (Pub. L. 92–63, § 7, Aug. 4, 1971, 85 Stat. 165.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective May 1, 1971, or six months after the promulgation of regulations which would implement its provisions, whichever is later, see section 10 of Pub. L. 92–63, set out as a note under section 1201 of this title. § 1207. Regulations (a) Operating and technical conditions and char- acteristics; frequencies, emission, and power of radiotelephone equipment The Federal Communications Commission shall, after consultation with other cognizant agencies, prescribe regulations necessary to specify operating and technical conditions and characteristics including frequencies, emission, and power of radiotelephone equipment required under this chapter. (b) Enforcement The Secretary shall, subject to the concur- rence of the Federal Communications Commis- sion, prescribe regulations for the enforcement of this chapter. (Pub. L. 92–63, § 8, Aug. 4, 1971, 85 Stat. 165.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective May 1, 1971, or six months after the promulgation of regulations which would implement its provisions, whichever is later, see section 10 of Pub. L. 92–63, set out as a note under section 1201 of this title. § 1208. Penalties (a) Master, person in charge, or pilot subject to penalty Whoever, being the master or person in charge of a vessel subject to this chapter, fails to en- force or comply with this chapter or the regula- tion, hereunder; or Whoever, being designated by the master or person in charge of a vessel subject to this chap- ter to pilot or direct the movement of the ves- sel, fails to enforce or comply with this chapter or the regulations hereunder— Is liable to a civil penalty of not more than $500 to be assessed by the Secretary. (b) Vessels subject to penalty; jurisdiction Every vessel navigating in violation of this chapter or the regulations hereunder is liable to a civil penalty of not more than $500 to be as- sessed by the Secretary for which the vessel may be proceeded against in any district court of the United States having jurisdiction. (c) Remission or mitigation Any penalty assessed under this section may be remitted or mitigated by the Secretary upon such terms as he may deem proper. (Pub. L. 92–63, § 9, Aug. 4, 1971, 85 Stat. 165.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective May 1, 1971, or six months after the promulgation of regulations which would implement its provisions, whichever is later, see section 10 of Pub. L. 92–63, set out as a note under section 1201 of this title. CHAPTER 25—PORTS AND WATERWAYS SAFETY PROGRAM §§ 1221 to 1223. Repealed. Pub. L. 115–282, title IV, § 402(e), Dec. 4, 2018, 132 Stat. 4264 Section 1221, Pub. L. 92–340, § 2, formerly title I, § 101, July 10, 1972, 86 Stat. 424; renumbered and amended Pub. L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1471; Pub. L. 107–295, title IV, § 443(1), Nov. 25, 2002, 116 Stat. 2132, re- lated to statement of policy. Section 1222, Pub. L. 92–340, § 3, formerly title I, § 102, July 10, 1972, 86 Stat. 425; renumbered and amended Pub. L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1471; Pub. L. 105–383, title III, § 301(a), Nov. 13, 1998, 112 Stat. 3417; Pub. L. 108–293, title III, § 304, Aug. 9, 2004, 118 Stat. 1042, provided definitions for the chapter. Section 1223, Pub. L. 92–340, § 4, formerly title I, § 103, July 10, 1972, 86 Stat. 426; renumbered and amended Pub. L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1472; Pub. L. 101–380, title IV, § 4107(a), Aug. 18, 1990, 104 Stat. 514; Pub. L. 104–324, title VII, § 705, Oct. 19, 1996, 110 Stat. 3934; Pub. L. 108–293, title III, § 302, Aug. 9, 2004, 118 Stat. 1041; Pub. L. 109–241, title IX, § 901(d), July 11, 2006, 120 Stat. 564; Pub. L. 115–44, title III, § 315(b)(1), Aug. 2, 2017, 131 Stat. 949, related to vessel operating requirements. See section 70001 of Title 46, Shipping. Statutory Notes and Related Subsidiaries SHORT TITLE OF 1986 AMENDMENT Pub. L. 99–399, title IX, § 901, Aug. 27, 1986, 100 Stat. 889, provided that: ‘‘This title [enacting section 1226 of this title and sections 1801 to 1809 of the former Appen- dix to Title 46, Shipping] may be cited as the ‘Inter- national Maritime and Port Security Act’.’’ SHORT TITLE OF 1978 AMENDMENT Pub. L. 95–474, § 1, Oct. 17, 1978, 92 Stat. 1471, provided: ‘‘That this Act [enacting sections 1225, 1228 to 1231, and 1232 of this title, amending this section, sections 1222 to 1224, 1226, and 1227 of this title, and sections 214 and 391a of Title 46, Shipping, and enacting provisions set out as notes under this section and section 1224 of this title and section 391a of former Title 46] may be cited as the ‘Port and Tanker Safety Act of 1978’.’’ Page 348 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1223a SHORT TITLE Pub. L. 92–340, § 1, July 10, 1972, 86 Stat. 424, as amend- ed by Pub. L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1471, which provided that Pub. L. 92–340, enacting this chap- ter, could be cited as the ‘‘Ports and Waterways Safety Act’’, was repealed by Pub. L. 115–282, title IV, § 402(e), Dec. 4, 2018, 132 Stat. 4264. TRANSITIONAL AND SAVINGS PROVISIONS For transitional and savings provisions and treat- ment of references to former provisions of this chapter in other laws, see section 403 of Pub. L. 115–282, set out as a note preceding section 101 of Title 46, Shipping. SEPARABILITY Pub. L. 95–474, § 6(c), Oct. 17, 1978, 92 Stat. 1493, pro- vided that: ‘‘If a provision of this Act [see Short Title of 1978 Amendment note above] or the application of such provision to any person or circumstances shall be held invalid, the remainder of the Act and the applica- tion of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby.’’ § 1223a. Transferred Editorial Notes CODIFICATION Section, Pub. L. 92–340, § 4A, as added Pub. L. 108–293, title IV, § 410, Aug. 9, 2004, 118 Stat. 1045, was redesig- nated and transferred to section 3105 of Title 46, Ship- ping, by Pub. L. 115–282, title IV, § 402(a)(1)(A), Dec. 4, 2018, 132 Stat. 4263. §§ 1224, 1225. Repealed. Pub. L. 115–282, title IV, § 402(e), Dec. 4, 2018, 132 Stat. 4264 Section 1224, Pub. L. 92–340, § 5, formerly title I, § 104, July 10, 1972, 86 Stat. 427; renumbered and amended Pub. L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1474; Pub. L. 107–295, title IV, § 443(2), Nov. 25, 2002, 116 Stat. 2132, re- lated to considerations by the Secretary in carrying out certain duties and responsibilities. See section 70004 of Title 46, Shipping. Section 1225, Pub. L. 92–340, § 6, formerly title I, § 105, July 10, 1972, 86 Stat. 427; renumbered and amended Pub. L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1475, related to waterfront safety. See section 70011 of Title 46. § 1226. Transferred Editorial Notes CODIFICATION Section was comprised of Pub. L. 92–340, § 7, as added Pub. L. 99–399, title IX, § 906, Aug. 27, 1986, as amended. Subsections (a) and (b) of section 7 of Pub. L. 92–340 were redesignated and transferred to section 70116 of Title 46, Shipping, by Pub. L. 115–282, title IV, § 402(b)(1), Dec. 4, 2018, 132 Stat. 4264. Subsection (c) of section 7 of Pub. L. 92–340 was redesignated subsec. (f) and transferred to section 70103 of Title 46 by Pub. L. 115–282, title IV, § 402(c)(1), Dec. 4, 2018, 132 Stat. 4264. Pub. L. 115–282, title IV, § 408(a), (d)(1), Dec. 4, 2018, 132 Stat. 4268, concurrently redesignated and transferred subsections (a) and (b) of section 7 of Pub. L. 92–340 to section 70102a of Title 46 and identically redesignated subsection (c) of section 7 of Pub. L. 92–340 as subsec. (f) and transferred it to section 70103 of Title 46. However, Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8507(d)(1), (7), Jan. 1, 2021, 134 Stat. 4754, subsequently repealed section 408 of Pub. L. 115–282, effective on the date of enactment of Pub. L. 115–282 (Dec. 4, 2018), and provided that the provisions of law redesignated, trans- ferred, or otherwise amended by such section 408 were amended to read as if that section had not been en- acted. PRIOR PROVISIONS A prior section 1226, Pub. L. 92–340, § 7, formerly title I, § 106, July 10, 1972, 86 Stat. 427; renumbered § 7 and amended Pub. L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1475, related to requirement respecting federally licensed pi- lots on any foreign or domestic self-propelled vessel en- gaged in the foreign trade when operating in the navi- gable waters of the United States in areas, etc., where a pilot is not otherwise required by State law, prior to repeal by Pub. L. 98–557, § 29(g), Oct. 30, 1984, 98 Stat. 2875. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8507(d)(7), Jan. 1, 2021, 134 Stat. 4754, provided that: ‘‘This section [probably means ‘‘subsection’’] [amend- ing this section, section 70103 of Title 46, Shipping, and section 312 of Title 49, Transportation, and repealing section 70102a of Title 46] shall take effect on the date of the enactment of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) [Dec. 4, 2018] and apply as if included therein.’’ §§ 1227 to 1231. Repealed. Pub. L. 115–282, title IV, § 402(e), Dec. 4, 2018, 132 Stat. 4264 Section 1227, Pub. L. 92–340, § 8, formerly title I, § 107, July 10, 1972, 86 Stat. 427; renumbered and amended Pub. L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1476, related to investigatory powers of the Secretary. See section 70035 of Title 46, Shipping. Section 1228, Pub. L. 92–340, § 9, as added Pub. L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1476; amended Pub. L. 101–380, title IV, § 4106(c), Aug. 18, 1990, 104 Stat. 514, re- lated to conditions for entry to ports in the United States. See section 70021 of Title 46. Section 1229, Pub. L. 92–340, § 10, as added Pub. L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1477; amended Pub. L. 98–557, § 29(h), Oct. 30, 1984, 98 Stat. 2875, related to dele- gations of authority with respect to the Saint Law- rence Seaway. See section 70032 of Title 46. Section 1230, Pub. L. 92–340, § 11, as added Pub. L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1477; amended Pub. L. 105–383, title III, § 313, Nov. 13, 1998, 112 Stat. 3424, re- lated to international agreements. See section 70005 of Title 46. Section 1231, Pub. L. 92–340, § 12, as added Pub. L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1477, related to regula- tions necessary to implement this chapter. See section 70034 of Title 46. § 1231a. Repealed. Pub. L. 115–282, title VI, § 601(c)(6)(A), Dec. 4, 2018, 132 Stat. 4290 Section, Pub. L. 96–380, Oct. 6, 1980, 94 Stat. 1521; Pub. L. 97–322, title I, § 118(d), Oct. 15, 1982, 96 Stat. 1587; Pub. L. 98–557, § 16(a), Oct. 30, 1984, 98 Stat. 2866; Pub. L. 101–225, title I, § 105(b), Dec. 12, 1989, 103 Stat. 1910; Pub. L. 104–324, title III, § 304(c), Oct. 19, 1996, 110 Stat. 3917; Pub. L. 107–295, title III, § 336, Nov. 25, 2002, 116 Stat. 2105; Pub. L. 108–293, title IV, § 418(g), Aug. 9, 2004, 118 Stat. 1049; Pub. L. 111–281, title VI, § 621(e), Oct. 15, 2010, 124 Stat. 2976, established the Towing Safety Advisory Committee. See section 15108 of Title 46, Shipping. §§ 1232 to 1232b. Repealed. Pub. L. 115–282, title IV, § 402(e), Dec. 4, 2018, 132 Stat. 4264 Section 1232, Pub. L. 92–340, § 13, as added Pub. L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1478; amended Pub. L. 101–380, title IV, § 4302(j), Aug. 18, 1990, 104 Stat. 539; Pub. L. 104–324, title III, § 312(b), Oct. 19, 1996, 110 Stat. 3920; Pub. L. 115–44, title III, § 315(b)(2), Aug. 2, 2017, 131 Stat. 949, related to enforcement provisions. See sec- tion 70036 of Title 46, Shipping. Section 1232a, Pub. L. 92–340, § 14, as added Pub. L. 101–599, § 2, Nov. 16, 1990, 104 Stat. 3040, related to navi- gational hazards. See section 70012 of Title 46.